Governments construct the labour relations framework through legislation and regulation. Employment Law examines the contract of employment and the various sources of law that interact with and have an impact upon the relationship between individual employer and employee; legislation, awards, industrial agreements and the common law of contract. Adopting a problem based learning approach using contemporary case studies accommodates the development of research, analysis and communication attributes.
This course is not available to students who have completed LEGL2004 or LAWS5009 or LAWS6024.
- Semester 1 - 2018
On successful completion of the course students will be able to:
1. Critically analyse the importance of the unique contract which is the contract of employment and its role in determining individual relations between employers and employees in the workplace
2. Demonstrate an integrative understanding of the sources of law which shape the contract of employment
3. Explain how the relationship of employer and employee is identified
4. Define the life cycle of the contract of employment from its formation to its termination
5. Interpret common law obligations owed by employers and employees under the contract and the great impact of statute on this contract
6. Investigate solutions to employment issues and problems based on research and interpretation of current employment legislation.
7. Recognise the legal, social and equity implications of appropriate business practice and ethical conduct.
8. Communicate in written formats appropriate to the discipline, audience and purpose.
The major topics to be covered are:
- Introduction to Employment Law in Australia
- Distinguishing employment contracts from other legal arrangements for getting work done
- Overview of sources of law determining employment rights and obligations
- Minimum statutory entitlements
- Enterprise agreements
- Remuneration and leave
- Loyalty, control, performance management and discipline
- Unfair work practices
- Enforcement of obligations and dispute resolution
- Discrimination and victimisation
- Work, Health and Safety
- Termination of employment contracts
- Remedies for Wrongful and Unfair Termination
This course replaces LEGL2004. If you have successfully completed LEGL2004 you cannot enrol in this course.
Written Assignment: Two written assignments
Formal Examination: Formal Examination